HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8686 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.0557 of 2025 under Section 317(2), 317(3) BNS and Section 111(2)ii of BNS Act, 2023, Police Station Poorakalandar, District Ayodhya. Learned counsel for the applicant submits that during the subsistence of Case Crime No. 557 of 2025, and after rejection of the applicant’s bail application under Sections 318(4), 308(5), 351(3), 352, 310(2), 126(2), and 111(2) of the BNS Act, 2023 by the learned court below, the charge sheet has been filed with added sections. During investigation, Sections 317(2), 317(3), and 111(2)(ii) of the BNS were incorporated, pursuant to which the applicant again moved a bail application before the learned court below, which was also rejected. Hence, the present bail application has been filed before this Court. He submits that the alleged recovery of Rs.40,000/- is false, as there is no independent witness to support the said recovery. He further submits that the applicant has no prior criminal history. The applicant is in jail since 6.8.2025. Learned counsel for the applicant submits the allegation levied in the present FIR is under Section 111 (2)(ii) and 317 (3) BNS Act of which there is no Versus Counsel for Applicant(s) : Vaibhav Srivastava Counsel for Opposite Party(s) : G.A. Amresh Goswami .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. .....Opposite Party(s) cogent evidence on record to suggest how the act of the present applicant comes under the definition of organized crime.. Learned counsel for the applicant submits that applicant has already been granted bail by this Court in the same case Crime No.0557 of 2025 registered under Section 318(4), 308 (5), 351(3), 352, 310(2), 126(2) and Section 111(2) of BNS Act, 2023, Police Station Poorakalandar, District Ayodhya vide order dated 11.9.2025 passed in Bail Application No.8678 of 2025. Learned A.G.A. has opposed the prayer for bail of the applicant. Upon query being made from learned A.G.A, that what is the material for adding these two sections from the record, he could not give any specific reply. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the applicant has no criminal history, in the same case crime number the applicant has already been granted bail (supra); prima facie no material is available on record regarding added sections; the applicant is in jail since 06.08.2025; and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Amresh Goswami, be released on bail in the aforesaid case crime number, subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate any prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to BAIL No. 8686 of 2025 2 dissuade such person from disclosing the facts to the Court or to any police officer, or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as an abuse of liberty of bail and pass appropriate orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence without sufficient cause, the trial court may proceed against him under Section 229-A IPC (now Section 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial, and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him in accordance with law under Section 174-A IPC (now Section 209 BNS). September 11, 2025 Madhu D.R/P.S BAIL No. 8686 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench